Legal Question in Construction Law in Massachusetts

Can a customer sue a contractor 5 years later

My husband stopped a landscape construction project in October 2002 for nonpayment and was waiting to come to an agreement with the customer on a discrepancy of timing of payment. In May 2003, he received a letter from the customer to not return to the job site. Before that date, in March and April 2003, the customer had already hired another contractor to finish the job. Now they are submitting a claim (AAA) they are owed a substantial amount for several reasons - types of materials they felt ''forced'' to use, supposed shoddy workmanship, walking off the job, etc., and they want to be compensated the amount to redo the entire project. Do they have a case? What would be a good course of action for my husband to avoid being sued?


Asked on 6/13/07, 10:39 am

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Can a customer sue a contractor 5 years later

Your description is a little unclear; I can't tell who filed a AAA claim, who the claim is against, and what role, if any, your husband's company has in the arbitration, and who else might be involved. To the extent that the homeowner has filed for arbitration against your husband's company seeking all opr part of the cost to re-do the project, your husband clearly needs to be represented to fend off the claims as best he can. He is only responsible if he breached and failed to perform his contractual services; but the parties will hotly dispute that central question. Your husband will say his work was impeccable; the homeowner will say it was badly deficient. So his exposure depends on the facts involved.

The owner's termination of the contract and refusal to permit your husband back on the job suggests the owner had some reason for sending your husband packing; but maybe not. It depends on who performed according to the industry standard, and who did not or was unreasonable. The parties, again, will vigorously disagree on this. Unless he is represented by a knowledgable attorney, he will be badly disadvantaged in the arbitration, and faces much greater risk of loss there than if he retained counsel to minimize his risk.

There are probably several other issues and possible defenses available, but its impossible to know without knowing more. I handle contractor claims regularly; contact me directly for help.

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Answered on 6/13/07, 10:55 am


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